Digvijaysingh Chandubhai Sodha vs State Election Commission
2021 Latest Caselaw 18017 Guj

     C/SCA/5898/2017                            JUDGMENT DATED: 02/12/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/SPECIAL CIVIL APPLICATION NO. 5898 of 2017
                                 With
                 MISC. CIVIL APPLICATION NO. 2 of 2018
            In R/SPECIAL CIVIL APPLICATION NO. 5898 of 2017

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE R.M.CHHAYA                        sd/-
and
HONOURABLE MRS. JUSTICE MAUNA M. BHATT                   sd/-
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1     Whether Reporters of Local Papers may be allowed               NO
      to see the judgment ?

2     To be referred to the Reporter or not ?                        NO

3     Whether their Lordships wish to see the fair copy of           NO
      the judgment ?

4     Whether this case involves a substantial question of           NO
      law as to the interpretation of the Constitution of
      India or any order made thereunder ?

==============================================================
                   DIGVIJAYSINGH CHANDUBHAI SODHA
                                Versus
                 STATE ELECTION COMMISSION & 2 other(s)
==============================================================
Appearance:
MR.D K.PUJ(3836) for the Petitioner(s) No. 1
LALJI L KATVA(8484) for the Respondent(s) No. 3
MR HITESH N ACHARYA(2302) for the Respondent(s) No. 3
MR NIRAL R MEHTA(3001) for the Respondent(s) No. 2
Ms. Jyoti Bhatt, AGP for respondent State
==============================================================
    CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA
          and
          HONOURABLE MRS. JUSTICE MAUNA M. BHATT
                       Date : 02/12/2021
                       ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

1.0. Heard Mr. D.K. Puj, learned advocate for the petitioner and Mr. Munjal Acharya, learned advocate for the respondent no.3 and Mr. Jyoti Bhatt, learned Assistant Government Pleader for

C/SCA/5898/2017 JUDGMENT DATED: 02/12/2021

the respondent State.

2.0. By way of this petition under Article 226 of the Constitution of India, the petitioner who had contested the election of Bitta Gram Panchyat, Tal: Abdasa, Dist. Kutch has challenged the order dated 10.03.2017 passed by the learned Principal Civil Judge in Election Application No. 4 of 2017 filed by the respondent no.3 herein, whereby, the election of the petitioner came to be set aside while allowing the election application.

3.0. This Court was pleased to pass following order on 21.03.2017.

"1. Heard Mr. D. K. Puj, learned advocate for the petitioner in each of the petitions and Mr. Hitesh Acharya, learned advocate appearing on behalf of the respondent No.3 in each of the petitions.

2. A perusal of the impugned order passed by the learned Principal Civil Judge, Naliya reveals that no findings have been recorded as to how the petitioner herein can be said to have been illegally declared elected uncontested

3. Under the circumstances, Issue Notice returnable on 6th April, 2017. By way of ad-interim relief, the impugned orders passed dated 10.3.2017 passed by the learned Principal Judge, Naliya in each of the corresponding election petitions is hereby stayed. Mr. Hitesh Acharya, learned advocate waives service of notice on behalf of the respondent No.3 in each of the petitions. Direct service is permitted."

3.1. As a matter of fact by an order dated 7.9.2017 the writ petition came to be withdrawn. However, by further order dated 09.04.2018 following order was passed and the said order was subsisting till date.

"Rule returnable on 25.04.2018. The peculiar facts in the case indicated that while issuing notice in this matters on 21.3.2017, this Court passed ad-interim order. Thereafter, unfortunately, the matters were

C/SCA/5898/2017 JUDGMENT DATED: 02/12/2021

wrongly withdrawn under incorrect information, which came to be restored. Therefore, now, the ad- interim granted earlier shall be ordered to be continued till further orders. Direct service permitted. Registry is directed to keep copy of this order in each matters."

4.0. The term of the office of the petitioner who was elected on 29.12.2016 was for a period of five years. Ms. Jyoti Bhatt, learned Assistant Government Pleader has placed on record the photocopy of the Notification dated 29.11.2021 whereby it is pointed out that new election of the concerned Gram Panchayat is to take place on 19.12.2021. The petitioner has continued almost for whole term which begun on the date of last election being 29.12.2016. Hence, the orders dated 21.03.2017 and 09.04.2018 has continued all throughout.

5.0. As fresh elections are already declared, the petition is disposed of with a clarification that the effect of an order dated 09.04.2018 shall continue till new election is held and the term of the petitioner shall continue till 22.1.2022, the date on which the term of the petitioner is to come to end. Disposal of the present petition shall not prejudice the rights of either parties i.e. petitioner and respondent no.3 and shall have no bearing in the upcoming election. Present petition is disposed of keeping all the question of law raised in the petition is open. Rule discharged. As the main petition is disposed of, connected Civil Application, if any, stands disposed of.

sd/-

(R.M.CHHAYA,J)

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(MAUNA M. BHATT,J) KAUSHIK J. RATHOD